Ontario First Nation heads to country’s top court over Enbridge’s Line 9

An Ontario first nation is taking its fight against a controversial pipeline that runs through one of Canada’s most populous corridors to the country’s top court.

The legal battle over Line 9 – which runs between Sarnia, Ont., and Montreal – pits the Chippewas of the Thames First Nation against Enbridge Inc., the National Energy Board and the Attorney General of Canada.

The aging pipeline drew spirited opposition when Enbridge sought to reverse its flow and increase its capacity in 2012.

The company has since won the National Energy Board’s approval, cleared regulatory obligations and has begun operating the pipeline in its new configuration.

At the heart of its legal case is a question over the duty of the Crown to consult and accommodate first nations on concerns related to the potential effects of the pipeline on their aboriginal and treaty rights.

The first nation argues it wasn’t consulted properly over the pipeline that runs through its traditional territory.